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​An order of income withholding is binding on an employer seven days after the employer is served by ordinary mail with a true copy of the order of income withholding. Included with the order will be a notice of income withholding, which will give the date of the mailing, the date to begin withholding, and where to send the money withheld.

​An order of income withholding for child support has priority over all other legal process under state law against the same income. This means it takes precedence over garnishments and other payroll deductions (except taxes, social security deductions and other income withholding orders for support).

​The Friend of the Court is required to advise the employer if the order is changed. If the Friend of the Court serves the employer with a notice of modification of the order of income withholding, the amount withheld must be changed to conform to the court ordered modification within seven days after receipt of the notice of modification.

​The maximum amount taken out must comply with Section 303(b) of Title III of the Consumer Credit Protection Act (15 USC 1673(b)). The amounts withheld for child support cannot exceed 50% of the disposable net income when there is more than one support obligation and up to 65% of the disposable net income if there is only one support obligation. Please refer to the provision outlined in the income withholding order.

​An employer must identify each withholding payment by the employee's name and social security number, case number, amount withheld, and the date on which support was withheld from the employee's income. The employer must also provide its federal employer identification number to the Office of Friend of the Court.

​The maximum amount taken out must comply with Section 303(b) of Title III of the Consumer Credit Protection Act (15 USC 1673(b)). The amounts withheld for child support cannot exceed 50% of the disposable net income when there is more than one support obligation and up to 65% of the disposable net income if there is only one support obligation. Please refer to the provision outlined in the income withholding order.

The MISDU will determine the appropriate distribution of the child support payment when a payer has more than one child support obligation in the system.

​An employer is liable for any amount that it knowingly and intentionally not withheld from the employee's income following service on the employer of an order of income withholding, except as the payment amount is limited by the Consumer Credit Protection Act.

This means the court will require you to pay the amount you should have withheld, even if you have paid it to the employee.

​After you have been served with an order of income withholding, you must notify the Friend of the Court if the employee's income from your company is terminated or interrupted for a period of 14 or more consecutive days. In such cases, you must provide the employee's last known address and the name and address of the employee's new employer (if known).

​An employer who refuses to employ, discharges, disciplines or penalizes an employee because of an order of income withholding entered against that employee is guilty of a misdemeanor. The misdemeanor is punishable by a fine of up to $500 and the employer will be required to make full restitution to the aggrieved employee including reinstatement and payment of back pay.